§ 1268.140.Application By Defendant For Payment From Deposit
Title 7. Eminent Domain Law · Chapter 11. Postjudgment Procedure · Article 2. Deposit and Withdrawal of Award · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1268.140 lets a defendant with an interest in deposited money apply after judgment to be paid from the deposit by filing a satisfaction of judgment or a receipt waiving all claims except one for greater compensation, with notice to other interested defendants and a possible undertaking if a party objects.
(a)After entry of judgment, any defendant who has an interest in the property for which a deposit has been made may apply for and obtain a court order that he be paid from the deposit the amount to which he is entitled upon his filing either of the following:
(1)A satisfaction of the judgment.
(2)A receipt for the money which shall constitute a waiver by operation of law of all claims and defenses except a claim for greater compensation.
(b)If the award has not been apportioned at the time the application is made, the applicant shall give notice of the application to all the other defendants who have appeared in the proceeding and who have an interest in the property. If the award has been apportioned at the time the application is made, the applicant shall give such notice to the other defendants as the court may require.
(c)Upon objection to the withdrawal made by any party to the proceeding, the court, in its discretion, may require the applicant to file an undertaking in the same manner and upon the conditions prescribed in Section 1255.240 for withdrawal of a deposit prior to entry of judgment.
(d)If the judgment is reversed, vacated, or set aside, a defendant may withdraw a deposit only pursuant to Article 2 (commencing with Section 1255.210) of Chapter 6.
Plain-English Summary
Once money sits with the court under § 1268.110, a defendant with an interest in the property still needs a mechanism to get paid. This section provides it, conditioned on the defendant giving up certain rights in exchange for prompt payment.
To apply, the defendant files one of two things: a satisfaction of the judgment, or a receipt for the money. Filing the receipt waives, by operation of law, every claim and defense the defendant might otherwise have -- except a claim for greater compensation, which survives so a defendant who thinks the award was too low can keep pursuing that fight even after taking the money.
Notice requirements scale with how far along the case is. Before apportionment, the applicant notifies every other defendant who has appeared and holds an interest in the property. After apportionment, the court decides how much notice is needed among the remaining interested parties. If any party objects to the withdrawal, the court has discretion to require the applicant to post an undertaking, on the same terms as an undertaking required for a pre-judgment withdrawal. And if the judgment later gets reversed, vacated, or set aside, a defendant can no longer withdraw under this section -- the pre-judgment withdrawal article takes over instead.
Frequently Asked Questions
What must a defendant file to be paid from the deposit after judgment?
Either a satisfaction of the judgment, or a receipt for the money, which waives all claims and defenses except a claim for greater compensation.
Who has to be notified of the application to withdraw?
If the award isn't apportioned yet, the other defendants who appeared and have an interest in the property; if it is apportioned, whatever notice the court requires.
Can the court require security before letting a defendant withdraw?
Yes, if any party objects, the court may in its discretion require an undertaking on the same conditions used for a pre-judgment withdrawal under § 1255.240.
What happens if the judgment is later reversed after a defendant already applied?
Withdrawal thereafter can only proceed under the pre-judgment withdrawal article, not under this section.
Amendment History
Added by Stats. 1975, Ch. 1275.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as:withdraw deposit after judgment eminent domainsatisfaction of judgment condemnation withdrawal